1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

The reasons for this court's acceptance of the judgment of the court of first instance are as follows, except for the dismissal of the following or the addition of the judgment on new arguments by the defendant in this court, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary to the part of the judgment of the court of first instance, “Plaintiff” in Section 13 of the judgment of the court of first instance was added to “Plaintiff (Ssco Engineering Co., Ltd. was consolidated into Switzerland Construction Co., Ltd. on February 1, 2017, which was after the closing of argument in the court of first instance, and accordingly, Sco Construction Co., Ltd. took over the litigation procedures in this court; hereinafter “Plaintiff, regardless of whether before or after the merger”).

Article 10 of the first instance judgment provides that "It is reasonable to see that the period of repayment has arrived as of December 31, 2016," of the first instance judgment Nos. 12 and 13, "The period of repayment has arrived at December 31, 2016."

[Additional Decision] The defendant's summary of the defendant's assertion asserts that (a) even if the additional construction cost was settled at KRW 2.85 billion, the defendant agreed to pay the construction cost of KRW 1.155 million among them under the condition that the contract for the second construction was concluded, which reduced the construction cost of KRW 1.1550 million, and the above condition was not fulfilled; (b) even if not, the defendant did not have the obligation to pay it; and (c) even if not, the obligation of KRW 1.155 million out of the additional construction cost was reduced from the contract for the second construction, the obligation of KRW 1.155 million was terminated by the defendant's declaration of set-off, which made the automatic claim to reduce the settlement amount of KRW 1.155 million from the contract for the second construction.

Judgment

In full view of the following circumstances, the instant settlement agreement on the part of KRW 1.155 million out of the additional construction cost is determined by the due date. In full view of the following circumstances, the instant settlement agreement on the part of KRW 1.155 million is determined by the due date.